SRINAGAR: The Jammu and Kashmir Government has confirmed that the Cabinet Sub-Committee constituted to rationalise reservation has submitted its recommendations to the Council of Ministers and that the report, after Cabinet approval, has been forwarded to the competent authority, but its contents will not be disclosed publicly at this stage.
The disclosure was made in the Legislative Assembly in response to Starred D.No. 1/6/527 tabled by MLA Salman Sagar, who sought details of the Government’s policy on Open Merit, the status of the Cabinet Sub-Committee’s report and whether it contained recommendations concerning protection of opportunities for Open Merit candidates.
The Government said the Cabinet Sub-Committee was constituted through Government Order No. 2061-JK(GAD) of 2024 dated December 10, 2024 to examine and rationalise reservation quotas while addressing concerns raised by different stakeholders, including Open Merit candidates.
According to the reply, the committee has completed its work and submitted its report to the Council of Ministers. Following approval by the Council of Ministers, the recommendations were submitted to the competent authority for consideration.
The Government declined to provide details of the report, citing Rule 38 of the Rules of Procedure and Conduct of Business in the Jammu and Kashmir Legislative Assembly, particularly clause (xxi), which governs disclosure or publication of matters connected with proceedings of the Council of Ministers.
It said the recommendations were currently under consideration of the competent authority and, consequently, the specific details sought by the MLA could not be provided.
On the existing position of Open Merit, the Government said the share of seats and posts available to the category is determined under the J&K Reservation Act and Rules, as amended from time to time, read with S.O. 176 dated March 15, 2024 and other applicable Government orders.
The Government said the Open Merit share is arrived at after applying the relevant vertical and horizontal reservation provisions. It also clarified that the applicable reservation structure differs between direct recruitment to Government posts, undergraduate professional courses and postgraduate professional courses.
S.O. 176, issued on March 15, 2024, amended the J&K Reservation Rules, 2005. Under the amended Rule 15, the Open Merit category was prescribed at 50 per cent, with the remaining share assigned to reserved categories and horizontal reservations.
The notification prescribed 8 per cent reservation for Scheduled Castes and 20 per cent for Scheduled Tribes. Within the ST provision, the notification retained the existing Scheduled Tribe list and incorporated Gadda Brahmin, Koli, Paddari Tribe and Pahari Ethnic Group following the 2024 constitutional amendment.
The rules also provide for 10 per cent reservation for Socially and Educationally Backward Classes, comprising 10 per cent for residents of Backward Areas, 4 per cent for residents of areas adjoining the Line of Actual Control/International Border and 8 per cent for Other Backward Classes, as specified within the reservation framework.
The amended rules provide 10 per cent reservation for Economically Weaker Sections. They also prescribe horizontal reservations, including provisions for children of defence personnel, children of para-military forces and UT Police personnel, candidates with outstanding proficiency in sports and persons with disabilities, with the applicable percentages varying according to the recruitment or admission framework.
For direct recruitment and professional courses, the Government has said the applicable provisions differ and that the Open Merit share therefore has to be determined within the relevant reservation structure rather than treated as a single uniform figure across all categories of appointments and admissions.
S.O. 176 also replaced the earlier reference to “Weak and Under Privileged Classes (Social castes)” with “Other Backward Classes” in the relevant provisions and introduced procedures for identifying persons claiming benefits under categories including Pahari Ethnic Group, Paddari Tribe and Gadda Brahmin Tribe.
For the Pahari Ethnic Group, the notification requires a claimant to belong to a Pahari clan, community or tribe with a distinct cultural, ethnic and linguistic identity, speak Pahari and have Pahari as their mother tongue. Aadhaar, voter identity card or domicile certificate is also required, with the Tehsildar designated as the certifying authority.
For Paddari Tribe claims, applicants are required to substantiate ancestral links with the Paddar area of Kishtwar district through revenue or other relevant records, along with Aadhaar, voter identity card or domicile certificate. The Tehsildar is the certifying authority.
For Gadda Brahmin Tribe claims, the certificate-issuing authority is required to establish the genuineness of the claim on the basis of records produced by the applicant and/or local inquiry or reports from a lambardar or chowkidar, besides the prescribed identity or domicile documents.
The notification also substituted Annexure D listing the communities covered under Other Backward Classes. The list includes 41 entries, including fishermen, Kumahars, Mochi, Hajjam/Nai, Dhobi, Bhands, Mirasis, Madari/Bazigars, Doms excluding Scheduled Castes, Lohars, Tarkhans/Najars, Labana Community, Sheer-Gojries/Gojri/Gojar, Jat Community, Saini Community, Gorkans, Gorkhas, West Pakistani Refugees excluding Scheduled Castes and Acharyas, among others.
The Government’s Assembly reply said the Cabinet Sub-Committee was constituted specifically to examine concerns and grievances of different stakeholders, including those relating to Open Merit, but did not disclose whether any particular recommendation sought to alter or protect the existing Open Merit share.
The report therefore remains unavailable for public scrutiny at this stage, while its recommendations are under consideration by the competent authority.
